Payment is due upon receipt of invoice, which is provided at the time of report delivery. Any balance that remains unpaid for a period in excess of 30 days from the date the EDM report is delivered may bear interest at the rate of 1 1/2% per month from that date. In the event that your account must be placed with an attorney or agency for collection, EDM shall be entitled to all additional fees associated with such account placement. Satisfaction guarantee limited to the amount charged for this report and must be claimed within one week of report delivery.
All notices from ENVIRONMENTAL DATA MANAGEMENT, INC. to You may be (1) sent to the address we have on file by First Class mail (2) emailed to You with the email address we have on file or (3) posted on our Web site. Notice will be deemed delivered within thirty (30) days after delivery by any of the methods above. Notices from You to ENVIRONMENTAL DATA MANAGEMENT, INC. shall be made by First Class mail, sent to the address we provide on our Web site. Delivery shall be deemed to have been made by You to ENVIRONMENTAL DATA MANAGEMENT, INC. thirty (30) days after the date sent.
EDM shall not be liable for any loss to the extent that such loss was due to inaccurate or misleading information in the source records and databases outside our control and from which we obtained the data. This report is prepared for information purposes and the responsibility hereunder is confined to the party for which it is compiled. In consideration of the limited charges thereof, and in accordance with Florida Statutes Section 627.7843, the liability for any negligence, errors or omissions with respects to the contents hereof is limited to the actual loss or damage of the certified party up to a maximum of $1,000.00, or the amount charged for this report. This report is being provided for the use only as a part of an overall Phase I Environmental Site Assessment as performed by a qualified Environmental Engineer/Consultant as specified in the ASTM Standard E 1527-13 and as specified in the Comprehensive Environmental Response, Compensation and Liabilities Act of 1980, as amended, and may not be relied upon for any other purpose.
Limitation of Liability
The Client agrees to limit any and all liability or claim for damages, cost of defense, or expenses to be asserted against EDM, to a sum not to exceed the amount paid to EDM for its services in providing the EDM report. Further, the Client agrees to notify any entity that is hereafter provided with a copy of the EDM report, of the limitation of liability included herein and the Client shall require as a condition precedent to the provision of the EDM report to such entity, a like limitation of liability on their part as against EDM. In the event that the Client fails to obtain a like limitation of liability provision, any liability of the Client and EDM to such subsequent user of the EDM report, shall be allocated between the Client and EDM in such a manner that the aggregate liability of EDM for such liability or claim is limited to an amount not to exceed the amount paid EDM for the EDM report provided pursuant to this agreement.
The Client agrees to hold harmless, indemnify, and defend EDM from and against any and all claims, losses, damages, liability and costs, including but not limited to attorneys’ fees and costs of defense, arising out of or in any way connected with the services provided by EDM herewith, except for such liability as is set forth in paragraph #3 above.
EDM may delegate, assign, subcontract, or transfer certain of its duties or interests in this contract to such responsible parties as it may, in its professional judgment, elect.
This contract shall be construed under the laws of the State of Florida.
With respect to the legal proceedings relating to this contract, Client consents to the personal jurisdiction of any state or federal court in Florida that has jurisdiction of the subject matter of the legal proceeding. In addition, Client and EDM consent and agree that the exclusive, proper, and convenient venue for any legal proceedings related to this contract, is Pinellas County, Florida and the Client waives any defense whether asserted by motion or pleading, that Pinellas County, Florida, is an improper or inconvenient venue.
In the event that a dispute should arise relating to the performance of the services to be provided under this contract or the payment for services provided, and should that dispute result in litigation, the prevailing party shall be entitled to recover all reasonable costs incurred in connection with such litigation, including reasonable attorneys’ fees and court costs, whether incurred before trial, at trial, on appeal, in bankruptcy court, or otherwise. Both parties expressly waive a trial by jury.
All content appearing on our Web site is the property of ENVIRONMENTAL DATA MANAGEMENT, INC..
Copyright © 2018 ENVIRONMENTAL DATA MANAGEMENT, INC.. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2018 ENVIRONMENTAL DATA MANAGEMENT, INC.. All rights reserved.
All brand, product, service, and process names appearing on our Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by ENVIRONMENTAL DATA MANAGEMENT, INC.. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of ENVIRONMENTAL DATA MANAGEMENT, INC. or any third party, except as expressly granted herein.
Our Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. ENVIRONMENTAL DATA MANAGEMENT, INC. and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if ENVIRONMENTAL DATA MANAGEMENT, INC. believes that customer conduct violates applicable law or is harmful to the interests of ENVIRONMENTAL DATA MANAGEMENT, INC. and its subsidiaries.
The Content included in our Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. ENVIRONMENTAL DATA MANAGEMENT, INC. makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or it’s Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
The information and content on this server is provided “as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
ENVIRONMENTAL DATA MANAGEMENT, INC., doing business as ‘EDM’ adheres to the highest standards in assuring our customers’ privacy. All information relating to customers’ accounts, transactions, and correspondence are handled with discretion.
We collect no personal information about you unless you choose to provide that information to us. We do not use techniques that collect personal information about you without your knowledge. When you browse our web site, you are anonymous and no personal information is being collected.
Any personal information collected by EDM is considered transaction related and given by the individual when requesting one of our products or services. Customers voluntarily and knowingly submit relevant personal details in order to guarantee delivery and receive correspondence relating to specific products.
EDM may use credit card numbers submitted to us through our web sites for payment purposes only, and not for marketing purposes. We utilize industry standard secure encryption technology to reasonably assure the privacy and security of the credit card numbers of anyone who places orders with us.
By submitting an email or a form requesting any information, you are opting in to receive correspondence from EDM. Periodically, we may use email to advertise to and correspond with our existing customers and other interested individuals. Any information submitted to EDM may be retained by EDM. We do not make this information available to third parties.
Email addresses, whether acquired through conference delegate lists, sales contact lists, or by any other means, will not be used for electronic marketing unless those email addresses meet the following conditions:
1) We have an existing customer relationship with the Company defined by: products have been purchased from EDM by the Company or inquiries have been made about our products/services; or
2) The owner’s email address has been conspicuously published, or has caused to be conspicuously published, in the public domain and its publication is not accompanied by a statement that the person does not wish to receive unsolicited commercial electronic messages, and the message is relevant to the person’s business role/functions.
Receiving correspondence is optional unless the email has to do with the fulfillment and delivery of products and services purchased. To opt out of being included in our electronic marketing correspondence you may respond to said correspondence with a request to remove your contact information from our database. Please indicate “Opt-Out" in the subject line.
Limitation of Service
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. ENVIRONMENTAL DATA MANAGEMENT, INC. reserves the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
Although the information on this Web site is accessible worldwide,
The Terms and Conditions constitute the entire agreement between you and ENVIRONMENTAL DATA MANAGEMENT, INC.. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and ENVIRONMENTAL DATA MANAGEMENT, INC.. No changes, modifications, extensions, terminations or waivers of the Terms and Conditions shall be effective unless it is authorized by ENVIRONMENTAL DATA MANAGEMENT, INC.. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.